New Federal Nuclear Waste Policy Survives Industry Challenge

May 4, 2021, 8:22 PM

A Washington federal appeals court rejected Tuesday an industry group’s argument that the Nuclear Regulatory Commission is overriding states’ authority to regulate low level nuclear waste.

The U.S. Court of Appeals for the District of Columbia Circuit dismissed the Nuclear Energy Institute’s petition, noting that it didn’t have jurisdiction over the agency’s letter because it wasn’t a final order. The letter only confirmed the commission’s adherence to its previous position, the court said in a per curiam decision.

The NRC used “impermissible post-hoc rationalizations” to justify stepping in to require federal approval of alternative waste disposal procedures, rather than leaving...

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